Michael 

State of 

rt-1-; ~ -o5 

Certified Number ~~XIX~~~~X~~~XXXX~XX~XX~ 

USPS Tracking ·~R.wn:n¥DDBO~KRK 

In The Court of Criminal Appeals 

of Texas at Austin,Texas 

Christpher Wade § In The 336th Judicial 

Vs 

Texas 

§ District Court of 

§ Grayson County,Texas 

§ 

Motion for Leave to File 

Application for Mandamus 

RECEIVED IN 

COURT OF CRIMINAL APPEALS 

NOV 16 2015 

To The Honorable Court of Criminal Appeals Texas. 

Now Comes Michael Christopher Wade, Relator Complaining 

of Grayson County Texas, Pursuant to Rule 211. of the Rules of App-

-ellate Procedure in Criminal Case's. Moves This. Court to Grant This 

Applicant Leave to File This Application for Writ of Mandamus Tend-

-ered Contemporaneously with this Motion. 

Applicant Prays that The Motion be Granted.The Said Application I 

for Mandamus be filed and Set down for a Hearing that relief Request-

-ed be GranJed and for Other Relief, General and Special Including 

a Stay of tJe Proceedings Below, Until the Matters Complained of iri~ 

Said Application are Cured. 

Certificate of Service 

Respec~f/ Sub~~­

~/~,q££ ( ··- Michael C.Wade Relator Pro-Se 

I Hereby Certify that a Copy of The Above Motion for Leave to 

File Application for Mandamus, was Mailed to the 

Appeals of Texas. P.O.Box 12308 Capitol St~tion, 

on This 10 th ,Day of November 2015. 

Page 1 

Court of Criminal 

Austin,TEX 78711 

-"'.r-/--r~--~~ 
Number -------------------------------

In The Court of Criminal Appeals of TEXAS 

at Austin,Texas. 

Michael Christopher Wade § 

Vs. § 

State of Texas, § 

Grayson County Judge Presiding, § 

County District Clerk. § 

(In The Offical Capacity) § 

In The ~36th Judicial 

District Court of 

Grayson County,Texas 

397th District Court. 

Application for Writ of Mandamus 

To the Honorable Court of Criminal Appeals of TEXAS. 

Now Comes, Michael Christopher Wade Applicant and Ask this 

Court to Issue a Writ of Mandamus to; District Court of Grayson,Texas 

to Require the Respondent Describe Relief Requested and in Support 

of This Application would Show the Court the Following; 

I. 

Applicant was Tried for the Offence of Violation Section 31.03 

I 

(e)(4)(a). Texas Penal Code THEFT $1.500 < $20 K. In a Case Styled, 

The State of Texas Vs. Michael Christopher Wade No# 046500. In The 

336th Judical Disrict Court of Grayson County. The Indictment was 

Filed in the 336th Judical District Court, which at the Time Relator I . 

was Indicted had Jurisdiction Over Proceedings Arising from Both 

Fannin and Grayson Counties. SeeAct of May/17/1985,69th Leg.R.S.Ch 

408 § 1 Sec 24.482 in 2007. The Legislature Limited the Jusisdiction 

of the 336th Judicial District to Fannin County. See Act of May/28/ 

2007. 80th Leg R.S.Ch 1342 § 1 (a) Sec 24.542. 2007 Current Version 

at Tex Gov't Code Ann § 24.542. 

The Legislation Creating The 397th Judical District and Changing the 

Territorial Limits of the 336th Judicial District Directed that Case's 

from Grayson County that were Pending in the 336th on January/1/2010 

be Transfered to the 397th District Court and Allowed the Transfer 

page 2 
(1. 

( 2 . 

(3. 

(4. 

(5. 

of any Case's from Grayson County Pending on or After September/15/ 

2008 to the 397th. Act of May/28/2007. 80th Leg R.S. Ch1342 § 1(h) 

sec 24.482,2007 Tex.Gen.Laws.4563. on the 28th Day of February 2000 

Cause No# 046500. was Called for Trial. Christopher Wade Pleaded, 

Not Guilty. The Jury Found the Defendant, Not Guilty of Violation 

Sec 31.03 (e)(4)(a) Texas Penal Code Theft $1.500 < $20 K as Charged 

in the Indictment. 

See Attached Documents; 

EXHIBIT (A) 

EXHIBIT (B) 

EXHIBIT .(C) 

EXHIBIT (D) 

EXHIBIT (E) 

Judgement in Cause Number# 046500 [Not Guilty]. 

Petition Filed; petition for Expunction of Records for 

Cause Number 046500,August/20/2015. 

Petitioner Responded to Shelana Brinkley, To the Disrict 

Court 397th. 9/28/2015. 

A Follow Up Letter was Mailed to the.Clerk Requesting 

that the Orignal Petition for Expungment is filed so a 

Honorable Judge can Rule on the Petition, 10/15/2015. 

Attached is Affidavit of Indigency,With Proof Trust fund 

Account Bal $0.09 Cents. 

II. 

Request for Relief 

RelatorjRequest in this Application that this Court Direct Re-

-spondent to file and Rule on Orignal Petition for Expunction, That 

was Filed August/20/2015. 

Expunctions are a Right, Rather a Honorable Judge Grants or Denies 

the PetitioJ, A Court Clerk has a Duty to File Pleadings so a Pre-

-siding Judge May Preform his Duty. 

There Should be a Hearing and a Ruling,Rather a Relator is Indigent 

or Not. This County is Abusing it's Authority Denying Access to the 

Courts Presiding Judge. 

If the Orignal Petition to Expunge Record. was Denied, The Next step 

would be The Right To Appeal. 

III. 

This Court has Jusisdiction to Consider this Application Pursuant to 

page 3 
Art.55 of the Texas Constitution and Artical 4.04 of the Code of 

Criminal Procedure See Padilla V.McDaniel 122.S.W.3d 805,807(Tex. 

Crim.App.2003); Holmes V.Denson 671. S.W.2d 896(Tex.Crim.App.June. 

27.1984). 

IV. 

Authorities and Argument 

In Writ of Mandamus have Held that a Trial Court has a Minis-

-terial Duty to [TIMLY] Rule on; Expunction of records. See Heine V. 

Texas DPS 92 S.W.3d 642,649(Rex.App.Austin.2002)Pet Denied.The Trial 

Court is Required to set a Hearing on a Petition for Expungment. 

Individuals who are Incarcerated,Do Not Automatically Loose Their 

Access to the Courts, As a Result of their Incarcerated Status. ,-

The Right to Expunction is a Statutory Privilege. TEXAS Code of Crim-

-inal Procedure Art 55.01 Right to Expunction (a) A Person who has 

been Placed under a Custodial or NonCustodial Arrest for Commission 

of Either A Felony or Misdemeanor is Entitled to have ALL RECORDS 

and FILES Relating to the Arrest Expunged If; 

(1). The Person is Tried for the offence for which the Person was 

Arrested and is: 

(A). Acquitted by the Trial Court. 

See, EXHIBIT (A) Judgement Number# 046500. 

We The Jurylfind the Defendant, MICHAEL CHRISTOPHER WADE Not Guilty 

of Violation Section 31.03 (e)(4)(a) TEXAS Penal Case Theft $1.500 < 

$ :'20K as Charged. 

There is NoiReason why Relator Cannot Receive A Court Order to Expunge 

the Records. That is a Statutory Privilege. Tx.Code.Crim.Proc.55.01 

and 55.02. 

Once a petition Arives to a Court, The Clerks Duty is to Place on 

Dockett Call as of there own Ommission, The Petition was filed, 

August/20/2015. Violating the 30 Day Rule for Expunction of Records· 

It is the Courts Duty. TEXAS DEPARTMENT of PUBLIC SAFETY V. Deck. 954 

S.W 2d.108(Court of appeals of Texas.1997) I 

Clerks Duty 2.01 is to File Motions/Petitions. In RE Taylor 39 S.W. 

3d 406,414(Tex.App.Waco.2001). and Re Salazar 134.S.W. 3d 357,358 

(Tx. iWaco- 200;3)_. 

page 4 
The Respondent in there Capacity as District Clerk of Grayson County 

Texas. Has and Presiding Judges has a Ministeral Duty to Receive and 

file Papers in Criminal Proceedings or Civil and Perform All Other 

Duties Imposed on the Clerk by Law, Pursuant to TCCP.Art.2.21 Appear-

-ing the Orignal Petition for Expungment of Records,Was Not Set for 

Doccett Call. To Date the Orignal Petition has Not Been Viewed or 

Ruled om the "MERITS" That Relator is Entitled-to.-

Mandamus is Avalable to compel Action on the Part of those Charged 

with a Positive Duties by Virtue of Their Offical Position. Hogan V. 

Turland 428.S.W.3d 316(1968). 

There are Generally Three Reqursities for a Writ of mandamus.A Legal 

Duty to Preform, A Non-Discretionary Act, A Demand for Performance 

and a Refusal to Preform. See Bantuelle V Renfroe 620 S.W.2d 635 

(Tex.App.Dallas.1981).Writ,Red.D.N.RE; The Court of Criminal Appeals 

Stated IN; Texas Board of pardons and Paroles V.Miller 590.S.W.2d 

142(Tex.Crim.App.1979).Entitlement to a Writ of Mandamus,Must be shown 

to be Clear and Indisputable, Unequivocal,Abundantly Clear. Knowles 

V. Scofield 598.S.W.2d 854,860(Tex.Crim.App.1980)._ Relator Shows that 

the Act Sought _to be Compelled is Strictly Ministerisal in Nature and 

There is No Adequate Remedy at Law to Redress the Alleged Harm. 

See Aranda V.Dist. Clerk 207 S.W.3d 785,786(Tex.Crim.App.2006)(Per 

Curiam)(Orig Proceedings). 

In Proper Case's Mandamus May issue to Compel a Trial Court to ''ACT~ 

In RE Blakeney 254 S.W.3d 569,66l(Tex.App.Texarkana.2008)(0rig Pro-

' -ceedings) ; also See Elilily & Co.Marshall 829 S.W.2d 157,158(Tx. 

1992). Trial Court Abuses Discretion by Refusing to Conduct Hearing 

and Render Decission on Petition for Expunction of records. Chiles V. 

Schuble 788fS.W. 2d 205,207(Tex.App.Houston.14th.Dist.1990). 

Mandamus Appropriate Remedy to Require Trial Court to Hold Hearing 

and Exercise Discretion. Trial Courts are Not Required to Consider 

or Rule on Petitions unless the Petition is Called to the Courts 

Attention. Blakeney 25 S.W.3d. at 662 Relation Called Future Delay 

to Respond to the Petition as Shown in EXHIBITS ATTACHED. 

Pursuant to Statutory Law, A Right has Been Shown in Exhibit(A) Not 

Guilty,and Attached Indigency Statues, The Court Should Still file 

the Petition. 

Mandamus Relief Should be Granted, Relator has Demonstrated that (1) 

The Act Sought to be Compelled is Purely Ministerial and (2) The rela~ 

page 5 
-tor has No other Adequate Legal Remedy. Court of Criminal Appeals 

Defined the Ministerial Act Requirement to be One in which The re-

-lators, has a Clear and Disputable Right to the Relief Sought and 

the merits of it's Legal Position are Beyond Dispute. See Neveu V. 

Culver 105 S.W.3d. 641,642(Tex.Crim.App.2003)(Citing State Ex Rel 

Rosenthal V.Poe 98 S.W.3d 194,198(Tex.App.2003) Also State Ex.Cel 

trkos V.Fine 330. S.W.3d 904,907{Tex.Crim.App.2011). 

All Requirements have been Met Under Tex.R.App.P.52. 3(K)(1)(a) In 

Exhibits (A)(B)(C)(D)(E). The Trial Court has to Rule on Original 

Petition for Expungment. 

v. 

(1. Relator has No Other Legal Remedy Available to him Other than 

this Application for Mandamus. 

(2. This Action Sought is under the Facts of this Case, In Essence 

A Mere Ministrial Act. Which Respondent has a Legal Duty to 

Preform. 

(3. Relator has Properly Requested Respondent to Preform which 

Respondend has Refused to Answer Petition for Expungment and 

Formal Requests. 

[EXHIBITS ATTACHED] Are Exactly What was Filed in the Court. 

Wherefore, Premises Considered, Relator Prays that this Application 

be Granted and that Respondent be Ordered to Rule on the Petition to 

Expunge Records. 

Res~ 

Applicant Pro-Se 

page 6 
STATE OF TEXAS 

Affidavit Verfication 

Before Me The Undersigned Authoroty on this Date Personally Appeared 

Applicant who Upon Being Dully Sworn, Did Dispose and State; 

My Name is Michael Christopher Wade (Relator) Who States for 

the Record," That The Documents are Verified Fact and Petition 

Presented are True and Correct. Proof of Service to All Parties, 

Affidavit of Indigency are Attached and Judgement. 

Respectfully Submitted 

-~at? Relator Pro-Se 

Under Penitlies of Perjury 28 USC 1746. Tx.Civ.Prac & Reme. 

Code.Ann § 132.001(a) (West.Supp.2014). 

Subscribded and Sworn to Before Me the Undersigned Authority by 

said Applicant, on this /Oth day of November, 2015. 

i 

page 7 
AFFIDAVIT IN SUPPORT: 

PROOF OF SERVICE TO ALL PARTIES 

The right to Expunction is a Statutory Privilege, All Provisions 

Have Been Met. 

The Right to Expunction ART 55.01 

The Trail Court is Required to Set a Hearing on petition for Expunction 

SEE Heine V.Texas D.P.S. 92 S.W.3d 642,649(Tex.App.-Austin 2002). 

T~e Expunction Statue Artical 55.01 ET.Seq of the TEXAS Code of 

Criminal Procedure does Not Require that the Law Enforcement Agencies 

be Served with the Expunction Petition Concevably Because an Expunction 

hearing is an Exparte Proceedings. 

See Barry P.Helft and John M.Schmolesky, Teaxs Criminal Practice Guide 

§ 11.03[1] (1996). 

However, The Statute does compel the Court to Notify the LAW ENFORCEMENT 

AGENTIES LISTED IN THE EXPUNCTION PETITION OF THE EXPUNCTION HEARING. 

The Court Shall Set a Hearing on the Matter No Sooner that 30 Day's 

from the Filing of the Petion [AND SHALL GIVE REASONABLE NOTICE OF 

THE HEARING TO; Each Official or Agency or other Entity Named in 

the Petition by Certifyed Mail,Return recipt Requested .... ]. 

TEXAS.CODE CRIM.PROC.ANN.ART 5.~.(>2 § 2(:Vernon.supp.1997). 

The Procedure Listed in artical 55.02 are Mandatory. This Court Has 

Jurisdiction because this Agency is the Arresting Agency, ByGrayson 

Courity Sher~ffs Department,Sherman TEXAS . Which involks Jurisdiction 

by Complying with ART 55.02~ 

It is up to the Clerk to Notify all Parties at this time,Michael 

C =-h~r=-i~s-=-t~o-t=:p..uh..liie~r____,ll;W~..,~;~au..d~..,~;e;__ __ ,~espectfully request; All parties to be served. 

Pursuant to Texas Rules of Civil Pr6cedure & title 6 Chapter 132 of 

the Civil Pratice and Remedies code under Penalty of Perjury, 

Excuted on this 10th day. of. Novembei:' 2015. 

RESPECTFULLY 

page 8 

:.1 
ORDER 

On This Day Came on to be Heard the Forgoing 

Applicant for Writ of Mandamus and it Appears 

to the Court that the Same should Be: 

GRANTED --------

It is therefore Ordered That the Custodian of 

Records Should Photo Copy and Mail to Applicant 

In the Interest of Justice. 

Signed on this The 

2015. 

_________ Day of ____________ __ 

Honorable Judge Presiding 
'EXHIBIT (A) 

. :·,, 

.NO.~ 

THE'STATE OP'IJ!XAS • 

vs.. • 

MICBAiiL CIDJSTOPJII!R. WADE • 

JUDGMENT 

Mar 17 '00 11:45 _ P.Oi 

-~ ~r 

IN THE 336TH JUDICIAL 

DJSl1UCt COUJtT Of 

GMYSONCO'UNTY, 'tEXAS 

oa tlda tbs 2801 day o~. 2000, tbis cause \VB8 cilled fOrtltBI. 8lld die State 

~ by bar .Coml2y ~. sad lbo Delimdam. M1QIAEL OIRJSTOPHBR 

W AJY/J., eppeBNil lD persoa. his OIIUDIIf. . ClU!TA LYNN CAR1liR IL. also. beiDa 

P-cmt. ad bolb paztiaa aJIJIOimCCid. nady 1br !liaJ. aDd Ch8 De!atdaD.f, MiaiAEL 

CHJUSTOPHER-W ADB. ill opea ccmrt pltallcd act pltty to tbe clwao Cftldl!lud Ia lhe 

I~ heteill; lhertlupou, a J\JlY, to-wit I (b)(7)(Cl . .. ~ elovaz (11) vthcn. 

were duly Alcacil, impaJiftled, ad r;wvaa. 'IYhO, hariq hard tho·imli~ read. mdlhe 

~· ploa of !lot BJ~lb1.1hcmo. ·a bPiDg 1tean1 fba m~ Sldlmf1ted. IIIII 

bavlug beat 4v.1y dl8lpd 11)' che Court. n:tlnid iD dlarp of thl Pl'OJIIII' o!lcar to OODiicler 

of tbeit Wld1ct,. ad aPurward were llruvPl iiiiO opea court by U. pcoper oJScer.. the 

Deteadaul ad hJ5 COIIIIIS1 bq pruat, eadla cu tbiUI oflltw raunsed into cpcl comt 

tho tbltowlq 'lad1cl, wbicb wa niCOMICl by e. enst. IIDd is heN ltOW Clltlltocl apcm tho 

MiDutlls oftheOMut. to-wit: 

"We. Ole jury, flad lhe dc:h4tml, NJQfA8L CDUSTOPHD. WAD!, DOt guiby 

ofVIolale $ccdoa 31.03(e)(4)(A) Twas Pelfal Code THBPT >4l,SOO <SlUK. aa cbarpd 

1o lho IDdidmcaL~ I 

I 

I. 

I 

Defl:ndanl. MialABL QDJSTOPHBR WADE. be immaJisbdy dlslo!lalpd hm all 

fl<bc:r liaRiity llpOII tbe cbarp for wblch be .. blniD .... aitd. Uii;Chal he ev baco ••••• :. • • • • • • 0 • \ • :r 

wi1bout clcJar. 

SIONeJ) /tND BNTBRBD uda ~oJlb.xb, %COO. • • 

~FUJI~" . ~<fjt:L ODIIR-6 AHUr 38 ,_fl'clidlal 

CJI,\u~jP-R 

GRAYSON COUHTY 

EXHIBIT(A) 

EXHIBIT(A) 
"'''.Ln.L.l......... ...,...,.,tw&.\&;1 .1. 

........ ...,.,.;,.. (~.J36Th District Court ' • • • l. 

Wade, Mike ~Disposed 

1346 Woodbridge ex 

Chesterfield,Mo 63005 

Filed: 09/.J.S/1999. 

Date 

02/26/99 

02/28/00 

02/28/00 

02/28/00 

Charge Information 

(23990004) State Felony 

Theft >=$1,500 <$20R 

Disposition Information 

Sentence Commensed 

Sentence Imposed 

Disposed: Jury ~rial Not Guilty 

Jury Trial: Yes 

Defen$e Attorney 

Carter II., Creta Lynn 

Volume Page 

57J 19 

Fl-Exit F8-Next 

\. 
(B) CAUSE NUMBER, ______________ _ 

EXHIBIT(B) 7{;-~tr? 

(\ 1)\)~ 0,1 'j 

Exparte 

Michael Christopher Wade 

§ 

§ 

§ 

§ 

§ 

~ ' ~ \':J . ~~.v tt, ~ 

In the 336 th Judicial ( 4; \. c:fo. :../~ District Court of "---

Grayson County,Texas 

PETITION FOR EXPUNCTION OF RECORDS 

. •. 

To The Honorable Judge of said Court; 

Comes Now, Michael C.Wade, Appering Pro-Se and Petitons 

This Court to Order the Expunction of ALL RECORDS and FILES Arising 

out of Petitioners Charge, IN THE 336th Judical District Court of 

Grayson County,Texas. Cause Number # 046500 and in Support of this 

Petiton would show the Court the following; 

I 

Petitioner is a white Male whose Full Name is, Micha~l C.Wade. 

Petitioner was born on December/30/1966 and his Social Security 0 

Number is 420-90-1726. 

II 

JURISDICTION 

... P.e.t.it.ione.r Involks. Jur.isdic t.ion of .the Court by Complying· with ' ' ' 'I '4 ".1 ~, If 

Artical 55.01'ffind artical 55.02 Tex.Code of Criminal Procedure. I • 

Requesting an Order of Expunction for Records and files for Cause# 

046500 Formal Arrest was Made By f:i'.,.:€::.·6.;:6 · Grayson County, Texas. 

Grayson co Shriffs Office. 

III 

Affidavit of Indigency Declaration of Inability to pay cost is 

Attached on the page i of this Petition. Petitioner Moves this Court 

to Proceed, UNDER Indigency Status. 

page 1 
IV 

On Feb/26/1999 Petitioner was served with a copy of the 

Indictment/Information in Cause # 046500. In Lieu of Formal 

Arrest or By Arrest,G~C.Shriffs Petitioner was Charged with 

Committing the Offence of theft $1.500 < $20.000 Felony. 

On Feb/26/1999 and Cause Number # 046500 was filed Against _ 

Petitioner in the County Court of Grayson County,Texas. 

* Arrical 55.01(a)(2) to be entitled to Expunction wh~n Criminal 

Charges are Dis-Missed. 

* Artical 55.01(a)(ii) Indictment Dis-Missed. Part(b) the Charge 

Did Not Result in a Final Conviction. 

* Tex.Code.Crim.Proc.Ann.Art 55.01(a)(2)(Vernon Supp 2003). 

~The Right to Expunction is a Statutory Privilage. 

In RE A.R. 225. S.W.3d 643,646(Tex.App-El Paso 2006 no pet). 

Artical 55.01 (a)(1)(a) ACQUITTED BY THE TRAIL COURT. 

Attached is Strict Proof, Judgement Cause # 046500, "WE THE JURY, 

FIND THE DEFENDANT MICHAEL CHRISTOPHER WADE [NOT GUILTY] of Violation 

Section 31.03(e)(4)(a) Texas Penal Code THEFT $1.500 < $.20.000 as 

Charged in the Indictment. 

Jury Trail LNot GuiltyJ Feb/28/2000. 

Petitioner Respectfully Enters Exhibit (a)and(b) This Musters 

Art.55.01 and Art55.02 RIGHT TO EXPUNCTION. 

Burden of Proving that All of the Statutory Requirements are . I 

Satisfied. SEE Exparte Wilson 224 S.W.3d 860.(App 6 Dist.2007) 

also T.D.P.S V.J.H.J,. 274 S.W.3d 803(App.14.Dist.2008). 

The Expunction Statue 55.01.E.T.Seq of the Texas code 'Of Criminal 

Procedure, Does Not Require that .the law Enforcement Agencies be 

Served with the Expunction Petition. 

[Conceivably because, An Expunction hearing is An; Exparte Pro-

~ceeding. 

See Barry P.Helft & John M.Scholesky,(1) Texas Criminal Practice 

Guide § 11.03 [1](1996). 

page 2 
\ 

\ 

However the statue does Compel the Court to; Notify the Law 

Enforcement Agencies listed in the Expunction Petition of the 

Expunction hearing. 

The Court Shall Set a Hearing on the Matter No Sooner than 

Thirty Days From the Filing of the Petition and Shall give a 

Reasonable Notice of the hearing to each Official or Agency or 

Other Entity Named in the Petition By Certified Mail,Return 

Receipt requested. 

Tex.Cod~.Crim.Pr6c.Ann~Art 55.02 § 2(Vernon Supp 1997). 

Artical 55.02 are Mandatory. 

Petitioner Request that The Trail Court make written· Findings of 

Fact and Conclusions of Law, Pursuant to Tex.R.CPV.P.296. 

Petitioner has reason to believe that the Following Agencies 

Officials or Other Public Enities of this Staie have Records 5 

Concerning the Charge in Cause Number # 046500. 

(1 Texas board of Pardons and Paroles, P.O.Box 13401 Capital Sta 

Austiri,Texas 78711-3401 

(2 Texas Department of Public Safty P.O.Box 4087 

Austin,Texas 78773-0001 

(3 Teaxs Department of Criminal Justice [Internal Affairs Div] 

P.O.Box 4003 Huntsville,Texas 77342-4003 

(4 Texas Department of Criminal Justice [Parole Division] 

P~O.B~x 13401 Capitol Station Austin,Texas 78711-3401 

(5 Texas department of Criminal Justice[ Classfication and 

Records office] P.O.Box 99 Huntsville,Texas 77342-0022 

(6 Grayson county District Clerk, Kelly ashmore 200 S. Crockett 

Sherman,Texas 75090 

(7 Sherman P.D 317 S.Travis Street Sherman,Texas 75090 

(8 Federal Bureau of Investigations 1000 Custer Hollow RD 

Clarksburg W.V. 26306-0001 

(9 ALL Agencies that have Custody of Paper Work Attached to this 

Cause Number # 046500. 

page 3 
AFFIDAVIT OF INDIGENCY 

Texas rules of Civil procedure, 

title 6,chapter 132,texas civil 

Practice and remedies code. 

s 

NOW RESPECTFULLY comes Michael C.Wade .T.D.C.J.#1571415 

presently .at the Stevenson unit in cuero(dewitt county)Texas, 

77954-6300. I declare that I am unable to pay the court cost in 

this request to the court, and requests leave of the. court to pro-

-ceed- In Forma Pauperis- in this accompanying request and action 

while showing the court the following; 

(1) I am presently incarcerated in the Texas Department.6f 

Criminal Justice-Correctional Institution Division 

where I am not permitted to handle Money; and 

(2) I have no Source of income and do not recieve pay;and 

C-e.f'.\(' 

(3) I currently have $ 0 . 9 ~s Creited to me in the 

T.D.C.J. Inmate Trust fund;and 

(4) During my incarceration in the texas department of 

Criminal Justice - Correctional Institution Division, 

I have Approximately $ 0 Dorrars per month as 

as Gifts from Relatives and friends,and 

(5) I neither own nor have an interest in any realty,stocks 

bonds or bank accounts, and, I receive no interest or 

dividend income from any source;and 

(6) 

(7) 

(8) 

(9) 

I 

I have 0 dependants; and -"""---

I have total debts of approximately $ 0 and -"""'-- __ dollars; 

I owe $ 0 _.>::,....._ ~n restitution;and 

My monthly expenses in Hygiene and Medical expenses are 

approximately $ 0 dollars. 

I, Michael C.wade .T.D.C.J.# 1571415 ,being presently 

incarcerated at the Stevenson.unit, Located at 1525 FM 766,Cuero,Tx 

77954-6300 (361) 257-207S,Declare and Verify under penalty of perjury 

that the foregoing statements in this Affidavit of Indigence are True 

and Correct .. 

EXECUTED on this .1l7 day of 

NOTE: 

Amendments to the Texas Civil Practice & Remedies code §132.001, 

Now Allows An~ Party to us~ an Unsworn Declaration instead of an 

affidavit or Verification ~2012). 

Affidavit of Indigence 

Pro Se,Self-Representing Litigant Page 4 
.ocati on .. , : 0711 - 01 

lalPsperson: RC00024 

;urchasPr: WAD£, MICHAEL CHRISTOPHER 

D Nu~ber: 01571415 

tell Nu111be1' Item Description 

Coonissary & TrU5t Fund 

STEVENSON UNIT 

Coaaissary Purchasp.Receipt 

Beginning Account Balancf: $.0'3 

Unit Price Quantity Ext.Amt 

f No Records to Print * 

Transaction Total: 

Sales Tax included in above amount: 

$.00 

$.00 

Ending Account Balance: $.09 

-- --- ---- ······--''-·-·-,----·::---·.--,.,~.:-'-::'-:;:;~, 

Date: 7/c":l/15 

Ti11e: 11:35:12 •. 

Pag!?: 1 

Housing: K-2 CELU7 

Begin Spend Limit: $.09 

Class Spend Li11it 

End Spend Limit: 

SIGNATURE: _________ THUMBPRINT ________ _ 

ALL SALES FINAL~!~!~!!'- NO REFUNDS OR EXCHANGES'~!'!!'~~' 

page 5 
Pursuant to Chapter 55 of the code of Criminal Procedure~ 

Petitioner is entitled to have All Records and files Concerning the 

Charge in this Case EXPUNGED for the following Reason; 

The aforementioned Offence on Feb/28/2000 Cause Number # 046500 

was [DIS-MISSED], Disposed by Jury Trail [NOT GUILTY]. 

Wherefore, The Petitioner Prays the Court; 

(1 To S~t this Matter for a Hearing. 

(2 To Give Reasonable notice of the Hearing to Each Offical 

Agency or Other Public Entity Named in paragraph, Page~3 of 

this petition, Pursuant to Artical 55.02 Section 2 of the 

Texas Code of Criminal procedure~ 

(3 After the Hearing of this Matter, to order Each Official 

Agency or Other Public Entity that there is Reason to Believe 

Records or files Concerning the Charge in cause Number #046500 

a. Return All Records and Files Concerning the Arrest to the Court 

or if Removal is Impracticable, Obliterate All References to 

Petitioner,and 

b. Request each Central Federal Depository to which it Supplied 

Information Concerning the Charge Agenst Petitioner to return 

All Such Records and files to the Court, Or if Removal is 

Impracticable to Obliterate ALL References to Petitioner and 

Notify the Court of it's Action. 

c. Delete from It's public records, All index References to the 

Above-Mentioned Charge Against Petitioner. 

(4 To Direct the Clerk of the court to send a Certified Copy of 

the Order by Certified Mail, Return Receipt requested, To the 

Department of Public Safty and to each Official agency or Other 

Entity Named on Page 3 of this Petition, and to direct the 

Department of public safety to Send to each Centeral Federal 

Depository an Explanation of the Effect of the Order as well 

as a request for the return or Destruction of the records 

held by the Centeral Federal Depository. 

page 6 
To return to the Petitioner ALL Records, Files and Notifi-

-cation of the Disposition of records and files returned 

to the Court pursuant to it's Expunction Order Within a 

reasonable time of receipt of Same. 

Wherefore Premises Considered, Applicant Prays that this Expunction 

be Granted for Relief. 

RESPECTFULLY SUMITTED 

.lfd$&~ Michael C.Wade 1571415 Pro-Se 

Stevenson unit 

1525 Fm 766 

Cuero,Texas 77954 

page 7 
PROOF OF SERVICE TO ALL PARTIES 

The right to Expunction is a Statutory Privilege, All Provisions 

Have Been Met. 

The Right to Expunction ART 55.01 

The Trail Court is Required to Set a Hearing on petition for Expunction 

SEE Heine V.Texas D.P.S. 92 S.W.3d 642,649(Tex.App.-Austin 2002). 

T~e Expunction Statue Artical 55.01 ET.Seq of the TEXAS Code of 

Criminal Procedure does Not Require that the Law Enforcement Agencies 

be Served with the Expunction Petition Concevably Because an Expunction 

hearing is ~n Exparte Proceedings. 

See Barry P.Helft and John M.Schmolesky, Teaxs Criminal Practice Guide 

§ 11.03[1] (1996). 

However, The Statute does compel the Court to Notify the LAW ENFORCEMENT 

AGENTIES LISTED IN THE EXPUNCTION PETITION OF THE EXPUNCTION HEARING. 

The Court Shall Set a Hearing on the Matter No Sooner that 30 Day's 

from the Filing of the Petion [AND SHALL GIVE REASONABLE NOTICE OF 

THE HEARING TO; Each Official or Agency or other Entity Named in 

the Petition by Certifyed Mail,Return recipt Requested .... ]. 

TEXAS.CODE CRIM.PROC.ANN.ART SJL02 § 2(Vernon.supp.1997). 

The Procedure Listed in artical 55.02 are Mandatory. This Court Has 

Jurisdiction because this Agency is the Arresting Agency, By Grayson I County Sheriffs Department, Sherman,TEXAS . Which involks Jurisdiction 

by Complying with ART 55.02. 

It is up to the Clerk to Notify all Parties at this time, Michael 

...::C::.!o.h~r,__:i~s~t~o:!.;p~h~e.=..r..l.I.!.!W.£o!a~d~e=------' ~espectfully request~ All parties to be served. 

Pu~suant to Texas Rules of Civil Pr6cedure & title 6 Chapter 132 of 

the Civil Pratice and Remedies code under Penalty of Perjury, 

Excuted on this 17 day of August, 2015. 

page 8 
COPY ..... . EXHIBIT (C) 

Kelly Ashmore,District Clerk 

Shleana Brinkley, Deputy Clerk 

Grayson County,Texas 

§ ExParte 

§ Michael Wade 

§ CV-15-1294 

§ 

EXHIBIT( C) 

District Court 

in the 397 th 

Grayson County,TX 

PETITIONERS RESPONCE TO:SHLEANA BRINKLEYS LETTER. 

To Honorable Judge of Said Court: 

Now Comes Michael C.Wade Pro-Se for good Cause Shows the 

Following: 

On September /21/2015. I Received a Letter from you Stating, My Expunct~c<·. 

-ion was Filed on Augest 20th,2015 Case Number is CV-15-1294 in the 

397 th District Court with Judge Brian Gary. 

I would like to bring to the Courts Attention in the Orignal 

Petition for Expunction and Proper Documents Meeting the Statutory 

Requirement of Texas Code of Criminal Procedure 55.01 and 55.02 is 

a Right,Not a Prialge. The Charges Requesting to be Expunged was; 

Dismissed,NOT GUILTY,Acquitted Verdict Artical 55.01(a). 

The Petition for Expunction was in Order with Facts SeeHeine 

V.Texas DPS 92 S.W.3d 642,649{Tex.App.Austin 2002). 

The Trial Court is Required to set a Hearing on Petition for Expuction. 

[I]E You are Claiming,I Still Need to Forward Further Documents for a 

Hearing Order. And by the O'Conners Tx.Code of Criminal Procedure, I 

Have Met Strict Proof of 55.01 If there is Not a Hearing Required and 

a Order to Expunge is Granted to expunge without a Hearing,Petitioner 

would be Sa~is~ied. 

Petitioner Request a Ruling on Orignal Petition for Expungment, Cause 

Number CV-15-1294. 

Petitioner Request a More Defined Statement to What Further Documents 

would be Needed for a Hearing If Needed. 

Petitioner States for the Record that ALL Necassary Documents and Order 

was Attached to the Orignal Petition for Expunction of Records. 

Wherefore,Premises Considered Petitioner Prays the Orignal Petition 

is Ruled on and that a Responce is Provided to this Petitioners Re-

-sponce in STATES LETTER is Responded to. 

RESPECTFULLY. 

page 1 
CERTIFICATE OF SERVICE 

I Hereby Certify that a copy of the Above Responce 

to Shleana Brinkleys Letter,Deputy District Clerk 

of Grayson County, was Mailed to District Clerk,Kelly 

Ashmore at 200 South Crockett Ave, STE 120-A. Sherman, 

TEXAS 75090 on this 17th Day of Augest.2015. 

Petitioner Pro-Se 

Page 2 
ORDER 

On This Day Came on to be Heard the Forgoing 

Responce to Deputy District Clerks Letter, 

Shleana Brinkley and it Appears to the Court 

That the Orignal Order for Expuction of Records 

be Set for Doccett Call where it can be Ruled 

on, It appears to the Court that the same should 

be, 

____________ GRANTED 

Signed on this the __________ day of ---------------

Honorable Judge Presiding. 

2015. 
EXHIBIT(D) 

Kelli Ashmore,District Clerk 

Shleana Brinkley,Deputy Clerk 

200 south Crockett Ave, STE 120-A 

Sherman,TEXAS 75090 

Dear Mrs Kelly Ashmore, 

EXHIBIT(D) 

10/15/2015 

I waul~ like to Know what is Going on with My Expungment order 

I Filed with you court ? The Petition was Marked filed on Augest/20/15 

by you on ommission but I have yet to hear back from you on that Matter 

or the Letter your Deputy Clerk sent Stating i Needed more Paper work 

to send to have it set for Court ? Still no responce from your Office 

on Either Matter. Could you Please let me Know Something on this Issue 

at Hand ? 

Thank you, 

Michal C. Wade 

I 
(E) AFFIDAVIT OF INDIGENCY 

Texas rules of Civil procedure, 

title 6,chapter 132,texas civil 

Practice and remedies code. 

EXHIBIT( E) 

NOW RESPECTFULLY comes Michael C.Wade .T.D.C.J.# 1571415 

presently at the Stevenson unit in cuero(dewitt county)Texas, 

77954-6300. I declare that I am unable to pay the court cost in 

this request to the court, and requests leave of the court to pro-

-ceed- In Forma Pauperis- in this accompanying request and action 

while showing the court the following; 

(1) I am presently incarcerated in the Texas Department of 

Criminal Justice-Correctional Institution Division 

where I am not permitted to handle Money; and 

(2) I have no Source of income and do not recieve pay;and 

(3) I currently have $ 00 .Q2_Dollars Creited to me in the 

T.D.C.J. Inmate Trust fund;and 

(4) During my incarceration in the texas department of 

Criminal Justice - Correctional Institution Division, 

I have Approximately $ 00 . 09 Dollars per month as 

as Gifts from Relatives and friends,and 

(5) I neither own nor have an interest in any realty,stoc~s 

bonds or bank accounts, and,I receive no interest or 

dividend income from any source;and 

(6) 

(7) 

I have 0 dependants;and ---

I have total debts of approximately $ 

and 

(8) I owe$ 00 .00 in restitution;and 

00 ._Q_Q_dollars; 

(9) My monthly expenses in Hygiene and Medical expenses are 

approximately $ 00 ._QQ__ dollars. 

! 

I, Michael C Wade .T.D.C.J.# 1571415 ,being presently 

incarcerated at the Stevenson unit, Located at 1525 FM 766,Cuero,Tx 

77954-6300 (361) 257-2075,Declare and Verify under penalty of perjury 

that the foregoing statements in this Affidavit of Indigence are True 

and Correct. 

NOTE: 

Amendments to the Texas Civil Practice & Remedies code §132.001, 

Now Allows An~ Party to us~ an Vnsworn Declaration instead of an 

affidavit or Verification ~2012). 

Affidavit of Indigence 

Pro Se,Self-Representing Litigant page 8 
EXHIBIT (E) 

.ocat_ion •• ,: 0711 - 01 

lalesperson: RC00024 

•urchimr: WAD£, MICHAEL CHRISTOPHER 

D Nu!Dber: 01571415 

tem Nuabe1• Item DPscription 

Commissary & Trttst Fund 

STEVEIGlN UNIT 

CoB&issary Purchase.Receipt 

Beginning Account Balance: $. 0'3 

Unit Price Quantity Ext.Amt 

1 No Records to Print * 

Transaction Total: 

Sal~s Tax included in above amount: 

s.oo 

$.00 

Ending Account Balance: $.09 

EXHIBIT( E) 

~~ ~ .. , ~-- ~~- ~c-----~--:--~-~-~·.·--c---~,---,-.,·~·:~,f.-:;:;

Date: 7/'C"j/15 

Tiae: 11 :35:12~ 

Page: I 

Housing: K-2 CELL17 

Begin Spend Limit: t09 

Class Spend Lillit 

End Spend li~it: 

SIGNATUR£: _________ THlJ!tiBPRINT ______ . 

ALL SALES FINAL'~~~~! I I- NO REFUNDS OR EXCHANGES~! I I!!!! I I 

page 9